By using Lately’s websites, apps, products, and services, you agree to these Terms, including the agreement to arbitrate disputes on an individual basis.
Scope
These Terms of Use (the “Terms”) apply to your use of Lately’s websites, apps, products, and services (“Services”). Lately curates a personalized experience, including presenting content on our websites and apps that we believe you may be interested in based on content you’ve read, clicked, or otherwise interacted with. See our Privacy Policy for details about how we collect and use information.
Content on Lately
Lately’s Service, Products, and Brand
Our content, services, and products are protected by copyright, trademark, patent, and other laws. Lately grants you a personal, worldwide, non-assignable license to use the Lately website, apps, software, and services for your own personal, non‑commercial use, solely as permitted by these Terms. Unauthorized use of any of Lately’s trademarks, logos, domain names, or other distinctive brand features is prohibited.
Service Use Guidelines
You will use the Services only for lawful purposes and will not violate the rights of third parties. Our Privacy Policy (which forms part of these Terms) contains more information about acceptable and unacceptable uses. Any unacceptable use is based on our judgment and may result in immediate termination of your account and suspension of future access. We reserve the right to terminate or suspend an account at any time.
You agree not to commercially exploit Lately or use it to:
Upload, transmit, or distribute any computer viruses, worms, or software intended to damage or alter a computer system or data;
Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other duplicative or unsolicited messages;
Harvest, collect, gather, or assemble information or data regarding other users (including email addresses) without their consent;
Interfere with or disrupt servers or networks connected to Lately or violate the regulations, policies, or procedures of such networks;
Attempt to gain unauthorized access to Lately or other computer systems or networks connected to or used with Lately, including through password mining or other means;
Harass or interfere with another user’s use of Lately;
Post or collect content that is obscene, pornographic, gory, illegal, threatening, harassing, excessively violent, or that promotes harm to self or others.
Your Content
You can post your own content on Lately, including profile photos, comments, and other materials. By posting content, you grant us permission to use it as reasonably necessary to improve and provide our Services—now and in the future. This may include storing, displaying, reproducing, and distributing your content on Lately’s website, mobile application, our social integrations, and any future offerings. It may also include providing or promoting your content with partner companies or services for broader broadcast, redistribution, or publication via Lately.
You are responsible for the content you publish through Lately and assume all risk associated with it, including reliance by others on its accuracy or legal claims that might result. By posting content on Lately, you represent that you have the necessary rights to publish it; that doing so does not conflict with licenses you may have granted to others; and that, to the best of your knowledge, the content is not intentionally misleading.
We do not pre‑screen content. However, we may review and remove or disable access to any content on Lately’s websites, apps, products, and services for any reason at any time.
Third‑Party Sites and Products
We assume no liability for anything that you or anyone else publishes through Lately. Lately may contain links to third‑party websites, services, content, and advertisements (collectively, “Third‑Party Sites”). Lately provides links to Third‑Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make representations with respect to Third‑Party Sites, including content or accessibility thereof, and we assume no responsibility for Third‑Party Sites, third‑party content, or products purchased through them. You use all Third‑Party Sites at your own risk. When you link to a Third‑Party Site, that provider’s terms and policies—including privacy and data‑gathering practices—govern. You should make any investigation you deem necessary or appropriate before proceeding with transactions on Third‑Party Sites.
Privacy
Our Privacy Policy and Cookie Policy explain our collection and use of information on the Services, including information you may consider personal. We may provide messages and notices to you within the Lately service or by sending notices to the contact information you provide (e.g., your email address). You will keep your contact information up to date, and you may control messages you receive in your account settings.
Security
We take the security of Lately seriously. We use reasonable practices to protect the security of your account and associated data, but we cannot guarantee that our measures will never be defeated. Please notify us immediately if you discover any compromise of your account.
If you discover a vulnerability in our Services, we would be grateful for your report. Please email: privacy@lately.com.
Children Are Not Permitted
Lately is for individuals 16 years of age and older. If we learn that a child under 16 is using our Services, we will terminate the child’s account.
Copyright
Lately complies with the Digital Millennium Copyright Act (DMCA). We respond to takedown notices and may terminate accounts of infringers when appropriate.
Changes to Our Service
Lately’s websites, apps, products, and services are dynamic and continually evolving. We may change, eliminate, or restrict access to our products or any part of our Services at any time, for any reason, with or without notice, and we may do so with respect to one, some, or all users.
Disclaimers
Lately’s products and services are provided “as is,” without warranties of any kind, express or implied. Lately disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non‑infringement.
Limitation of Liability
To the fullest extent allowed by law, Lately shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues (whether incurred directly or indirectly), or any loss of data, use, goodwill, or other intangible losses resulting from: (A) your access to, use of, inability to access, or inability to use Lately; (B) any third‑party conduct or content on Lately, including defamatory, offensive, or illegal conduct of third parties; or (C) any unauthorized access, use, or alteration of your content. By using our Services, you agree that Lately is exempt from liability to you for our Services, to the extent permitted by law.
Arbitration
If you have a dispute with Lately, we’d like the opportunity to work it out informally. Please visit our Help Center or email us at team@lately.com, and we will do our best to resolve the dispute in good faith. If we cannot resolve the issue, we both agree to resolve any claims arising from these Terms or the Lately service by final and binding arbitration through the American Arbitration Association (AAA) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer‑Related Disputes.
The arbitration will take place in Sheridan, WY, USA, or another location we both agree upon. Either party may file a lawsuit in court solely for injunctive relief to stop misuse of Lately or to address intellectual property infringement without first going through arbitration. You agree to resolve any dispute with us on an individual basis in arbitration, and not as a class arbitration, class action, or consolidated proceeding of any kind.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Wyoming, excluding its conflict‑of‑laws principles. For claims not subject to arbitration, the parties agree that such claims shall be litigated exclusively in the state courts located in Clark County, Nevada, or in the United States District Court for the District of Nevada, and you consent to personal jurisdiction in those courts.
Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Lately. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
Modification
These Terms may be modified from time to time. The date of the most recent revisions will always appear at the top of this page, and older versions are available upon request. If we make changes that we believe substantially affect your rights, we will notify you by posting a notice on our website. You agree to accept any changes or revisions to these Terms by continuing to use Lately.
Contact
We welcome questions, concerns, and feedback about these Terms. If you have suggestions, please visit our Help Center or email us at team@lately.com.
YouTube Notice
YouTube content may be included with or made available via Lately. Google requires this notice: Use of YouTube is subject to the YouTube Terms of Service. By using YouTube, you accept the Google Privacy Policy.
Digital Services Act (DSA)
Lately, Inc. has designated Prighter DSA as its legal representative according to Article 13 of the Digital Services Act (DSA). Prighter DSA serves as the addressee for competent authorities in the Member States and in the European Union on all matters related to the DSA.